Sewer Ordinance *Amended*

VILLAGE OF BARRYTON

RESTATED SEWER USAGE ORDINANCE NO. 1-2000

An ordinance regulating the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; collection of charges, conditions thereto, enforcement of its provisions, and providing penalties for violations of sections thereof, in the Village of Barrtyon, Fork Township, Mecosta County, Michigan.  This Restated Sewer Use Ordinance is a consolidation of Village of Barryton Ordinance No. 1-92, the previous amendments adopted thereto, as well as the amendments to those documents contained herein.

The Village of Barryton Ordains:

ARTICLE I

DEFINITIONS

Unless the context specifically indicates otherwise, the meaning for terms in this ordinance shall be as follows:

Section 1:       “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen required to biochemically decompose organic matter under standard laboratory procedure in 5 days at 20 degrees C. expressed in milligrams per liter.

Section 2:       “Building Drain” shall mean that part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 5 feet outside the inner face of the building wall.

Section 3:       “Building Sewer” shall mean the extension from the Building Drain to the Public Sewer or other place of disposal.

Section 4:       “Classes of Users” shall mean the extension of sanitary sewer customers into classes by similar process or discharge flow characteristics as follows:

  1. Residential User: shall mean an individual home or dwelling unit, including  mobile homes, apartments, condominiums or multi-family dwelling units that discharge only segregated domestic wastes or wastes from sanitary conveniences.
  2. Commercial User: shall mean any retail or wholesale business engaged in selling merchandise or a service.
  3. Institutional User:  shall mean any educational, religious or social organizations such as a school, church, nursing home, hospital, or organization institutional user.
  4. Governmental User: shall mean any federal, state or local government office or government service facility.
  5. Industrial User: shall mean any manufacturing establishment that produces a product from raw or purchased material.

Section 5:       “Compatible Pollutant” shall mean biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus any additional pollutants identified in, the NPDES permit if the treatment works were designed to treat such pollutants and can, in fact, remove such pollutants to a substantial degree.  The term substantial degree generally means removal in the order of 80 percent or greater.

Section 6:       “Combined Sewer” shall mean a sewer receiving both surface runoff and sewage.

Section 7:       “Connection Charge” shall mean the amount charged at the time, and in the amount hereinafter provided, to each premise in the Village which requires a new connection to the Sanitary Sewer.  The charge is based upon the proportionate cost allocable to such premises of the trunkage and availability cost associated with provided Sanitary Sewers and sewage treatment.

Section 8:       “Equitable Owner” shall mean the person or persons recognized in equity as the owner of the subject real property and /or its appurtenant structures, because the real and beneficial use and title belong to him, although e bare legal title is vested in another, e.g. a land contract vendee.

Section 9:       “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Section 10:     “Incompatible Pollutant” shall mean any pollutant that is not a compatible pollutant, as described in Section 5 above.

Section 11:     “Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from segregated domestic strength wastes, or wastes from sanitary conveniences

Section 12:     “Infiltration” shall mean any waters entering the system from the ground through such means as, but limited to defective pipes, pipe joints, connections, or manhole walls.  Infiltration does not include and is distinguished from, inflow.

Section 13:     “Inflow” shall mean any waters entering the system through such sources as, but not limited to building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas, and storm drain cross connections.

Section 14:     “Infiltration/Inflow” shall mean the total quantity of water from both infiltration and inflow.

Section 15:     “Inspector” shall mean any person or persons authorized by the Village and the State of Michigan to inspect and approve the installation of building sewers and their connection to the public sewer system.  Monday through Friday.

Section 16:     “Legal Owner” shall mean the person or persons recognized and held responsible by the law as the owner of the subject real property and/or its appurtenant structures.

Section 17:     “Lessee” shall mean the person or persons who has been given exclusive possession of subject real property and/or its appurtenant structures except as limited by the terms of the lease, by virtue of a lease agreement.

Section 18:     “Manger” shall mean the Public Works Director, Barryton Village Council, or its authorized representative.

Section 19:     “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake or other body or surface groundwater.

Section 20:     “Normal Strength Sewage” shall mean a sanitary wastewater flow containing and average daily BOD of not more than 200 mg/l; an average daily suspended solids concentration of not more than 2.50mg/l; or an average daily total phosphorus concentration of not more than 10 mg/l.

Section 21:     “NPDES Permits” shall mean the permit issued pursuant to the National Pollution Elimination System for the discharge of wastewater into the waters of the State.

Section 22:     “Operation and Maintenance Costs” shall mean all costs, direct and indirect (other than debt service), necessary to ensure adequate treatment on a continuing basis, to conform with all related federal, state and local requirements, and to assure optimal long-term facility management (O & M costs included depreciation and replacement costs).

Section 23:     “Other Occupant” shall mean the person or persons, other than an Equitable Owner, Legal Owner, or Lessee, who has actual possession and/or use of the subject Real Property and/or its appurtenant structures.

Section 24:     “Owner” shall mean the person or persons in whom is vested the ownership, dominion of the subject real property and/or its appurtenant structures.  The term includes both the Equitable and Legal Owner.

Section 25:     “Person” shall mean and individual, firm, company, associate, society, corporation or group

Section26:       “pH” shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in gram per liter of solution.

Section 27:     “Pretreatment” shall mean the treatment of extra strength wastewater flows in privately owned pretreatment facilities priors to discharge into the System.

Section 28:     “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in dimension.

Section 29:     “Public Sewer” shall mean a sewer in which all owners of abutting properties have equal rights, an which is controlled by public authority.

Section 30:     “Replacement” shall mean necessary expenditures made during the service life of the treatment works to replace equipment and plan appurtenances required to maintain the intended performance of the treatment works.

Section 31:     “Residential Equivalent Unit (REU)” shall be related to quantity of sanitary sewage ordinarily arising from the occupancy of a residence building by a single family of ordinary size and benefit derived therefrom, and shall be defined or determined from time to time by the Village, currently at 1.0 REU.

Section 32:     “Revenues and Not Revenues” shall have the meanings as defined in Section 3, Act 94. Public Acts of Michigan 1933, as amended.

Section 33:     “Sanitary Sewer” shall mean a sewer that carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

Section 34:     “Sewage” shall mean a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and storm waters as may be present.

Section 35:     “Sewage Treatment Facility” shall mean any arrangement of devices and structures used for treating sewage.

Section 36:     “Sewer” shall mean a pipe or conduit for carrying sewage.

Section 37:     “Shall” is mandatory, “may” is permissive

Section 38:     “Storm Drain” (sometimes termed “Storm Sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling waters.

Section 39:     “Suspended Solids” shall mean solids that either float on the surface of, or in suspension in, water, sewage or other liquids and which can be removed by laboratory filtering.

Section 40:     “System” shall mean all facilities of the Village of Barryton and all subsequent additions, including all sewers, pumps, lift stations, and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial or industrial wastes, including all appurtenances thereto and including all extensions and improvements thereto which may hereafter be acquired.

Section 41:     “Village” shall mean the Village of Barryton, Fork Township, Mecosta County, Michigan as represented by the Barryton Village Council.

Section 42:     “Watercourse” shall mean a channel that a flow of water occurs, either continuously or intermittently.

Section 43:     “Wye Branch” shall mean a local service connection to the sewer that is made at an angle similar to a “WYE” so that a sewer cleaning rod will not come into the sewer at a right angel and penetrate the far side, but will travel down the course of the sewer.

ARTICLE II

USE OF PUBLIC SEWERS REQUIRED

Section 1:       It shall be unlawful for any person to place, deposit or permit to be deposited any sewage upon public or private property within the Village in any manner.

Section 2:       It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the jurisdiction of the Village, any sewage or polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.        

Section 3:       Except as hereinafter provided, it shall be unlawful to construct or maintain privy, privy vault, septic tank, cesspool or other facility intended or used for disposal of sewage.

Section 4:       The Owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the Village, and abutting on any street, alley or right of way, in which there is located, or may in the future be located, a Public Sewer or combined sewer of the Village, made reasonably available for connection, within two hundred feet at the nearest point from the structure in which the sewage originates, shall, at his expense, install suitable toilet facilities therein and connect such facilities directly with the proper Public Sewer, in accordance with the provision of the ordinance, when given official notice to do so, provided that such connection thereto.  The Owner shall be billed the monthly sewage charge outlined in Article VI beginning at the earliest of the connection to the sewer or 9 months after the sewer is made reasonable available for connection, regardless whether the home, building or property is in fact connected.

Section 5:       The Village may require each person who applies for sewer service, receives sewer service, or through the nature of the enterprise creates a potential environmental problem, to file the material listed below.  Any industry or structure discharging industrial wastes to the Sanitary Sewer, Storm Sewer or receiving stream shall file the material listed below with the Manager:

  1. File a written statement setting forth the nature of the enterprise, the source and amount of water used, and the amount(s) of water to be discharged, with the presented or expected bacterial, physical, chemical, and radioactive or other pertinent characteristics of the wastes.
  2. Provided a plan map of the building, works, or sewers with each outfall to the surface waters, Sanitary Sewer, Storm Sewer, natural watercourse, or groundwater noted, described and the waste stream identified.
  3. Sample, test and file reports with the Manager and the appropriate State agencies on appropriate characteristics of wastes on a schedule, at locations, and according to methods outlined of this ordinance.
  4. An Affidavit placing waste treatment facilities, process facilities, waste streams, or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate State agency as properly qualified to supervise such facilities.
  5. Provide a report on raw materials entering the process or support system, intermediate materials, final product, and waste by-products as those factors may affect waste control.
  6. Maintain records and file reports on the final disposal of specific liquid, solids, sludge, oil, radioactive material, solvent or other waste.
  7. If any industrial process is to be altered so as to increase or decrease process waste or potential waste discharge to the Sanitary Sewer, written notification shall be given to the Village and Manager.  Discharge of said altered waste streams shall be subject to the Manager’s approval and shall comply with all other provisions of the Ordinance and any applicable laws or regulations.

Section 6:       The operation, maintenance, alteration, repair and management of the System shall be under the supervision and control of the Village.  The Village may employ such person or persons in such capacity or capacities as it deems advisable to carry out the efficient management and operations of the System and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the System.

ARTICLE III

PRIVATE SEWAGE DISPOSAL

Section 1:       Where Public Sanitary Sewer is not yet available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with all requirements of the Mecosta County Health Department

Section 2:       The Owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.

Section 3:       At such times as a Public Sewer becomes available to a property served by a private sewage disposal system as provided in Article II, Section 4, a direct connections shall be made to the Public Sewer at the Owner’s expense and in compliance with this ordinance; hand any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, and filled with suitable material as directed by the Inspector.

Section 4:       No statement contained in this article shall be constructed to interfere with any additional requirements that  may be imposed by the Michigan Department of Public Health, the Michigan Department of Environmental Quality, or the Mecosta County Health Department.

ARTICLE IV

BUILDING SEWERS AND CONNECTIONS

Section 1:       No on shall uncover, make any connection with or opening into, alter or disturb any Public Sewer or appurtenances thereof.  The Village shall be responsible for the installation of a sanitary sewer service lateral from the sewer to the property line of the premises to be served.  The Owner of the premises to be served shall reimburse the Village for the cost of installing sad service lateral as stipulated in the Sewer Rate and Connection Ordinance.

Section 2:       All new buildings or buildings requiring new sanitary sewer service much have building sewer permits issues by the State of Michigan.  The building Owner or Owner’s agent shall make application for the permit on a special form furnished by the State of Michigan.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Manager.  The minimum permit and inspection fee, as established by the State of Michigan, shall be paid to the State of Michigan at the time the application is filed.

Section 3:       In addition to the fees outlined in Section 2 above, each person desiring to connect to the System at a future date shall pay a charge in advance upon application for the privilege of using the facilities and receiving the service of the System in the amounts given below:

  1. Direct Connections:  For each new direct connection to the lines of the System, there shall be charged a fee, to be determined at the time of connection, per single family residential equivalent.
  2. Service Lateral Fee:  Where a new service lateral stub and sewer tap must be made to accommodate a new sewer connection, the Owner of the premises to be served must pay the Village for the actual cost incurred for installing said service lateral stub, plus 15%. This charge will be in addition to the direction connection charge.
  3. Indirect Connection: In order to defray the proportional share of the necessary oversizing of treatment facilities trunks and pumping stations for each indirect connection to the System there shall be charged a fee, to be determined at the time connection per single-family residential equivalent.  An indirect connection shall be defined as one made to lines added to the System after its original construction, the cost of which is pay from special assessment or private funds.
  4. Equivalent User Factor: Each premises other than a single family residence shall pay either a direct or indirect connection charge multiplied by a residential equivalent unit factor representing a ratio of sewage used by such class of premises to normal single family residential use.

Section 4:       All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the Owner.  The Owner or the person installing the building sewer for said Owner shall indemnify the Village form any loss or damage that may directly or indirectly be caused in the installation of the building sewer.

Section 5:       A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear of the building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.  However, the separate building shall be billed and charged independently.  Other exception will be allowed only by special permission granted by the Village after recommended action by the Manager.  Plumbing fixtures installed in accessory building and drains carrying sanitary sewage shall be connected to the Public Sewer.

Section 6:       Old building sewers or portions thereof may be used in connection with new building only when they are found, on examination and testing by the inspector or his representative, to meet all requirements of this Ordinance.

Section 7:       The building sewer shall be constructed of either of the following types of pipe meeting the current ASTM specifications:

  1. Plastic (ABS) ASTM D 1527 SDR 35 or Schedule 40
    1. Plastic (PVC) ASTM D 1785 SDR 35 – D3034 or Schedule 40
    1. Asbestos – Cement (AC) ASTM C-428-CI-2400
    1. Cast Iron Extra Heavy ASTM A-74
    1. Non-Reinforced Concrete ASTM C-14 Extra Strength
    1. Vitrified Clay (VC) ASTM c-700 Extra Strength

If installed in filled or unstable ground, the building sewer shall be of cast iron extra heavy pipe, except that other types of pope may be used if laid on a suitable improved bed or cradle as approved by the Inspector.

Section 8:       All building sewer joints and connections shall be made gas tight and watertight and shall conform to the requirements of the current building and plumbing codes.  Vitrified clay sewer pipe shall be fitted with factor made resilient compression joints meeting the current ASTM specifications for vitrified clay pipe joints having resilient properties.  Asbestos cement or flexible concrete sewer pipe joints shall be of rubber ring, flexible compression type, similar and equal to joints specified for vitrified clay pipe.  The joints and connections shall conform to the manufacturer’s recommendations.

Section 9:       The size and slope of the building sewer shall be subject to the approval of the Inspector, but is no event shall the diameter be less than four (4) inches.  Minimum grade shall be as stated in the current state and local codes.

Section 10:     Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  No building sewer shall be laid parallel to, or within three feet of, any bearing wall that might thereby be weakened.  The depth shall be sufficient to afford protection from frost.  All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the State of Michigan Inspector.  Pipe laying and backfill shall be performed in accordance with current ASTM Specifications, except that no backfill shall be placed until the State of Michigan Inspector or his representative has inspected the work.

Section 11:     In all buildings in which any Building Drain is too low to permit gravity flow to the Public Sewer, sanitary sewage carried by such drains shall be lifted by artificial means at Owner’s expense and discharged to the building sewer.

Section 12:     The connection of the building sewer into the Public Sewer shall be made at the Wye branch designated for the property if such branch is available at a suitable location.  Any connection not made at the designated “wye” branch in the main sewer shall be made only as directed by the Inspector.

Section 13:     The applicant for the building sewer shall notify the State of Michigan Inspector when the building sewer is ready for inspection and connection to the Public Sewer.  The connection shall be made under the supervision of the State of Michigan Inspector or his representative.

Section 14:     All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored as soon as possible in a manner satisfactory to the Village.

Section 15:     No connection will be allowed unless there is a capacity available in the sewage works as determined by the Manager.

Section 16:     In addition to the above requirements, the minimum standards required for Sewer construction, repair and/or replacement are as follows:

  1. All contractors are to have liability insurance, in a form and amount satisfactory to the       Manager, to cover defective material or Workmanship
    1. Permits must be drawn and paid for prior to work beginning
    1. All work is to meet all applicable state, county, and local government plumbing codes
    1. There is to be an approved clean-out on the outside of the building and a minimum of every 90 feet thereafter
    1. All trenches are to be hand back-filled four inches above the sewer pipe.
    1. No wheel tractor is to compact the trench by running lengthwise.
    1. That a shut off valve be installed to enable cost efficient disconnection of the building sewer if the need arises.
    1. That additional safeguards be installed to provide for proper functioning and/or maintenance of the system, when situations warrant.  For example, the Manager may require the Owner to install sand interceptors where it would be reasonably likely to extend the life of the system or its components.

Section 17:     All of the specifications and/or requirements of construction contained in this ordinance shall apply whether for new construction, repair, replacement, maintenance, or for any other purpose.

ARTICLE V

USE OF THE PUBLIC SEWERS

Section 1:       No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waste to any Sanitary Sewer.

Section 2:       Storm water and all other unpolluted drainage shall, be discharged to sewers or drains specifically designated for such use, or to a natural outlet approved by the appropriate state agency.  Industrial cooling water or unpolluted process waters may be discharged, upon approval of the appropriate state agency, to a storm sewer or natural outlet.

Section 3:       Except as a hereinafter provided by specific limits, no person shall discharge any of the following described waters or wastes to any Public Sewers:

  1. Chlorine demand in excess of 15 mg/l
    1. Color (such as, but not limited to, dyes, inks, or vegetable tanning solutions) shall be controlled to prevent light absorbency which would interfere with treatment plan processes or that prevent analytical determinations.
    1. Explosive liquid, solid or gas, gasoline, benzene, naphtha, fuel oil, other flammable waste
    1. Garbage not properly shredded (no particle size greater than ½ inch)
    1. Grease, oil, wax or fat, whether emulsified or not, in excess of 50 mg/l, or other substances which may solidify or become viscous at temperatures between 32 degrees F and 104 degrees F.
    1. Inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and limes residues) or dissolved solids (such as, but not limited to sodium chloride and sodium sulfate) in unusual concentrations.
    1. Insoluble, solid or viscous substances (such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, tar, feathers, plastics, wood, hair, flashings, etc.)
    1. Noxious or malodorous gas (such as, but not limited to hydrogen sulfide, sulfur dioxide, or oxides of nitrogen) and other substances capable of public nuisance.
    1. pH less than 6.5 or greater than 9.5
    1. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by applicable state and federal regulations.
    1. Temperature of wastes less than 32 degrees F, and not greater than temperature at the introduction into the treatment plant that cause the treatment plant influent to excess 104 degrees F.
    1. Water or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment process employed, or are amendable to treatment to only such a degree that sewage treatment plan effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters.
    1. Discharges that would results in excess foaming during the treatment process. Excess foaming s any foam which, in the opinion of the Manager, is a nuisance in the treatment process.

Section 4:       If any waters or wastes are discharged, or are proposed to be discharged, to the Public Sewers, which waters contain the substances or possess the characteristics enumerated in Section 3 of this Article, and which in the judgment of the Manager may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Village may:

  1. Reject the wastes
  2. Require pretreatment to the level defined as “Normal Strength Sewage”
  3. Require pretreatment to an acceptable level (other than Normal Strength Sewage) and in accordance with applicable Federal and State pretreatment regulations for discharge to the Public Sewers and in accordance with the Village of Barryton’s Industrial treatment Ordinance.
  4. Require Owner to install methods to satisfactory remove the offending substances.

If the Village permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Manager and subject to the requirements of all applicable codes, ordinances and laws.

Section 5:       Grease, oil and sand interceptors shall be provided and installed by Owner at his expense when, in the opinion of the Manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes; sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type any capacity approved by the Manager, and shall be located as to be readily and easily accessible for cleaning and inspection.

Section 6:       No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern, after recommendations by the Manager, whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to equitable payment therefore by the industrial concern.

Section 7:       Industrial cooling water containing such pollutants as insoluble oils or grease, o other suspended solids shall be treated for removal of the pollutants and then discharged to the Storm Sewer or drain.

Section 8:       Agents of the Village shall have the right to enter all properties for the purpose of inspecting, measuring, sampling and testing the wastewater discharge pursuant to Article III.

ARTICLE VI

SEWER USER CHARGE SYSTEM

Section 1:       All premises connected directly or indirectly to the Sanitary Sewers of the Village or capable of being connected as outlined in Article II, Section 4, except as hereinafter provided, shall be charged and shall make monthly payments to the Village.

Section 2:       No free services shall be furnished by said System to any person, firm or corporation, public or private, or to any public agency or instrumentality.

Section 3:       Rates to be charged for service furnished by the System shall be as follows:

a.         Sewer Use Charges:    Sewer use charges to each single family residential premise shall in the flat amount of $27.85 per month in advance.  Each new user other than a single-family residence shall pay a monthly charge of $27.85 multiplied by a factor representing a ratio of sewage use by such class of users to normal single-family residential sewage use, but not less than $27.85.  The single-family residential rate and/or ratio may be revised time to time in accordance with Section 4 below.

b.         Surcharges:      For wastewater strengths exceeding Normal Strength Sewage, as defined, surcharges equal to the added cost required for treatment and/or handling shall be added as applicable when necessary and correct BOD is determined.

Section 4:       Rates for miscellaneous services, determining and/or revising the ratios outlined in Section 3(a) above, where a premises receives sewer service for which a special rate shall be established and/or the revision of the single-family residential rate outlined in Section 3(a) above, shall be fixed and/or revised from time to time by the Village by resolution under the same regulations as for the passing of ordinances.  The rates and/or ratios shall be set using Michigan Rural Water Association recommendations as a guideline, with adjustments made in accordance with the Village’s specific needs and/or requirements.

Section 5:       The Village shall have the right to adjust the “User Charge” based on an annual audit review of the Sewage Works Operation and Maintenance costs.  Such an audit review shall be conducted annually or as deemed necessary by the Village.

Section 6:       All customers of the Sewage Works will be included in a User Class and each User Class will pay for its proportionate use of the Sewage Works in terms of volume and pollutant loading.  Sewer user charges are levied to defray the cost of operation, maintenance (including replacement and depreciation), and debt retirement of the Sewage Works.  The classes of user of the Sewer Works, for the purpose of determining the user charges, shall be as defined in the Sewer Use Ordinances.

Section 7:       Each industrial user shall pay the proportionate share of the operation, maintenance and replacement depreciation costs of the Sewage Works that re allocable to the treatment of said user’s industrial wastes.

Section 8:       Each industrial user that discharges process wastewater to the system which does not exceed the limits of “Normal Strength Sewage” shall be charged and shall make payments to the Village in amounts based on the actual waste volume and strength from said premises.

Section 9:       Each industrial user that proposes to discharge process wastewater to the system which exceed the limits of “Normal Strength Sewage” will be required to either a) provide satisfactory pretreatment to reduce the strength of the wastewater to “Normal Strength Sewage”: or b) pay a surcharge determined by the relative concentration of BOD, suspended solids, or other pollutant as compared to “Normal Strength Sewage.”

Section 10:     The rates and/or ratios now or hereinafter fixed are estimated to be sufficient to provide for the payment of the expenses of administration and operation, such expenses for maintenance of the said System as are necessary to present eh same in good repair and working order, and to provide for such other expenditures and funds for said System as this Ordinance may require.  Such rates and/or ratios shall be fixed and revised from time to time as may be necessary to produce the same amounts.

Section 11:     The System shall be operated on the basis of an operating year commencing on March 1st and ending on the last day in February next following.

ARTICLE VII

PAYMENTS AND COLLECTIONS

The Village of Barryton Ordains:

Amendment to the Restated Sewer Ordinance No. 1-2000, which shall now be known as No. 1-2001 shall read:

Section 1 shall read: Bills for sewage disposal service are due and payable at the business office of the Village or to its designated agent on their date of issue and, if not paid by the 25th day thereafter, shall be deemed delinquent and may be subject to a one-time charge of up to thirty (10) percent of that month’s portion of the outstanding bill to help defray the added administrative costs.  Bill shall be dated and mailed monthly and shall cover one month’s service.

Section 3 shall read: Perfect the lien and/or proceed with the intent to perfect the lien under the provisions of Section 21, Act 94, Public Acts of Michigan 1933, as amended, since the changes for services are made a lien on all premises served thereby, and hereby recognized to constitute such a lien; and whenever any such a charge against any piece of property shall be delinquent for 4 months or more on April 1st, the Village officials in charge of the collection thereof shall certify annually on May 1st of each year to the Mecosta County Equalization Department the facts of such delinquency whereupon such charges shall be by him entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general Village taxes against such premises are collected and the lien thereof enforced.

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HERBY REPEALED.

I hereby certify to the adoption of this ordinance at the ____________council meeting and cause the same to be published as required by law.

Yeas _____ Nays _____         Ordinance declared adopted __________

VILLAGE OF BARRYTON

AMENDMENT TO ORDINANCE #1-2001 which shall now be known as #28-2015

SECTION 7

Amendment to #1-2001 Article 7, Section 3., which reads – If a bill remains unpaid 90 days after it is due, the Village, in addition to any remedies allowed in this ordinance or by State law, at its option, may elect to proceed as follows;

1.         Perfect the lien and/or proceed with the intent to perfect the lien under the provisions of Section 21, Act 94 Public Acts of Michigan, 1933 as amended, since the charges for services are made in lien on all premises served thereby, and are hereby recognized to constitute such lien; and whenever any such charge against any piece of property shall be delinquent for three (3) months or more, on May 1st, the Village official or officials charge the collection thereof shall certify annually July 1st, of each year to the Mecosta County Equalization Department the facts of such delinquency whereupon such charges shall be by him enter upon the next tax roll as a charge against such premises and shall be collected and the lien therefore enforced in the same manner as general Village taxes against such premises are collected and the lien therefore enforced.

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HERBY REPEALED.

I hereby certify to the adoption of this ordinance at the ____________council meeting and cause the same to be published as required by law.

Yeas _____ Nays _____         Ordinance declared adopted __________

Published Date:                       Effective Date:

Signed by Village Clerk:                                and                  Village President:

___________________________                                        _______________________________

ARTICLE VII

PAYMENTS AND COLLECTIONS

Section 1:       Bills for sewage disposal service are due and payable at the business office of the Village or to its designated agent on their date of issue and, if not paid by the 25th day thereafter, shall be deemed delinquent and may be subject to a one-time charge of up to ten (10) percent of that month’s portion of the outstanding bill to help defray the added administrative costs.  Bills shall be dated and mailed monthly and shall cover one month’s service.

Section 2:       All Owners, Lessees, and Other Occupants shall be jointly and severally liable for the sewer charges levied against their owned, leased, or occupied premises.

Section 3:       If a bill remains unpaid for 90 days after it is due, the Village, in addition to any remedies allowed in this ordinance or by state law, at its option, may elect to proceed as follows:

  1. Perfect the lien and/or proceed with the intent to perfect the lien under the provisions of Section 21, Act 94, Public Acts of Michigan 1933, as amended, since the changes for services are made a lien on all premises served thereby, and are hereby recognized to constitute such lien; and whenever any such charges against any piece of property shall be delinquent for six (6) months or more, the Village official or officials in charge of the collection thereof shall certify annually, on March 1st of each year to the Mecosta County Equalization Department the facts of such delinquency whereupon such charges shall be by him entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general Village taxes against such premises are collected and the lien thereof enforced.
    1. Discontinue the sewer service for the subject parcel by any reasonable means, inform the requisite health department of possible future health code violations on the subject parcel, and add all costs incurred to facilitate the discontinuance to said delinquent bill.
    1. Sue any or all Owners, Lessees and Other Occupants in a court of competent jurisdiction for all sewage bills due and owing.  In addition, the Village shall be awarded all fees and costs, including reasonable attorney fees, spent in attempting to collect past due amounts.

Section 4:       All bills and notices related to the conduct of business in the Village and of the Sewage Works will be mailed by regular first class mail to the person listed on the application for the connection permit, at the address provided in the application unless a change of address has been filed in writing at the business office of the Village.  The Village shall not otherwise be responsible for delivery of any bill or notice, nor will any party listed in Section 2 above be excused from nonpayment of a bill or from any performance required in said notice.  The billing party under article VI Section 11 herein can elect to send any or all bills and/or notices to any of the following additional parties if he believes it will be beneficial:

  1. A person who requests that bills or notices be sent to them.  The person shall pay the Village its estimated yearly cost for the additional mailing prior to receiving that service.  
    1. Equitable Owner
    1. Legal Owner. 
    1. Lessee
    1. Other Occupant
    1. Agent for any of the parties outlined in this section

Section 5:       Where the sewer service supplied to a customer has been discontinued for nonpayment of delinquent bill, the Village reserves the right to request a nominal sum be placed on deposit with the Village for the purpose of establishing or maintaining any customer’s credit.  Service shall not be reestablished until all delinquent charges, penalties, costs incurred to facilitate the discontinuances, and a turn-on charge to be specified by the Village, has been paid in full.  IN addition, the party responsible shall pay the Village for the next 4 months of service in advance prior to reestablishing service.  The Village may recover further, such charges, costs, and penalties by court action in which the Village shall be entitles to receive all costs and fees, including reasonable attorney fees, expended in the action.

Section 6:       The Village shall make all reasonable efforts to eliminate interruptions of service and, when such interruptions occur, will endeavor to reestablish service with the shortest possible delay.  Whenever service is interrupted for the purpose of working on the Sewage Works, all customers affected by such interruptions will be notified 12-24 hours in advance whenever it possible to do so.  No rebate or proration shall be granted for any interruption unless approved by the Village Council.

Section 7:       Any user has the right to appeal the basis for any charges developed in accordance with this Ordinance.  Appeals shall be directed to the Manager along with any supporting documentation for amendment of the charges in question.  The user at his expense, as directed by the Manager, shall obtain any additional information that may be required to resolve the appeal.  The Manager in accordance with best available data and the formulations presented in this Ordinance shall make resolution of appeals within 30 days.  In no event shall appeals be accepted which would require a variance in the methods of charge, calculations established and in for under this Ordinance.  All bills for sewage service, outstanding during the appears process, including all penalties or delinquency charges, shall be due and payable, and must be paid prior to initiating the appeal process.  Pending resolution of the appeal, the Village shall adjust said charges accordingly, including any refunds due.  Refunds shall be retroactive to the previous one month’s billing only.

Section 8:       Charges for sewer service shall begin at the earliest of either the connection to the Public Sewer or 9 months after the Public Sewer is made available for connection as outlined in Article II Section 4, regardless of whether the home, building or property is in fact connected at that time.

Section 9:       All homes, buildings or property used for human occupancy, employment, recreation or other purposes situated in the Village, of which the sewer system is made available for service as outlined in Article VIII Section 4, shall pay a monthly, ready to serve charge equal to the amount as determined in Article VI herein whether or not occupied or used for any purpose, and whether or not it is hooked up to the available Public Sewer.

ARTICLE VIII

POWERS, AUTHORITY, AND CONDITIONS TO ENTER PROPERTIES

Section 1:       Duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of the ordinance.  The Village shall have no authority to inquire into any proprietary processes beyond any information having a direct bearing on the kind and source of discharge to the sewers and water waste of facilities for waste treatment.

Section 2:       While performing the necessary work on private properties referred to in Section 1 above, duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the property Owner; and the property Owner shall be held harmless for injury or death to the employees, and the Village shall indemnify the property Owner from any claims and demands for personal injury or property damage asserted against the property Owner from the gauging and sampling operation, except as that caused by negligence or failure of the property Owner to maintain safe conditions.

Section 3:       Duly authorized agents, independent contractors, or any other person under the Manager’s direction, bearing proper credentials and identification, shall be permitted to enter all properties with the purpose of enforcing and/or ensuing compliance with this ordinance, and conduct all testing, labor, excavation or other tasks deemed reasonable and necessary to enforce an/or ensure said compliance.  The entering party shall conduct all tasks in a reasonable manner and at reasonable times.  The purpose shall include, but not be limited to, the entry upon the property to excavate thereon to install shut-off valves to facilitate disconnection of the sewer for the subject parcel as authorized under Article VII, Section 3.

Section 4:       Any independent contractor or other person hired specifically by the Village to enter the property to conduct or a specific tasks shall carry liability insurance in a form and amount satisfactory to the Village.  In addition, the person, by undertaking the task, agrees to defend, indemnify, and hold harmless, the Village and the Property Owner for any claims or demands brought from personal injury or property damage because of that activity, except as that respectively caused by the negligence or failure of the Village or property Owner to maintain safe conditions.

ARTICLE IX

PROTECTION FROM DAMAGE

Section 1:       No unauthorized person shall maliciously, willfully or negligently tamper with or deface any structure or equipment which is a part of the System.  Any person violating this provision shall be subject to immediate arrest under an appropriate civil or criminal charge as applicable.

ARTICLE X

CONDITIONS AND SERVICE

Section 1:       Unless otherwise contained herein, at the time of original construction or expansion of the Public Sewer, the Village shall install that portion of the building sewer from the Public Sewer to the lot or easement line of all occupied premises.  The Village shall maintain, at its own expense, the Public Sewer.  Those customers making connection at the time of original construction of the Public Sewer shall install, at their expense, that portion of the building sewer from said lot or easement line to their premises.

Section 2:       Those customers making connection subsequent to the time of original construction of the Public Sewer shall install, at their expense, the entire building sewer.

Section 3:       The Owner of premises receiving sewer services shall maintain the building sewer at the Owner’s expense and risk.

Section 4:       The Village shall, in no event, be held responsible for claims made against it by reason of the breaking of any mains or service laterals, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.

Section 5:       Applications for connections permits may be cancelled and/or service disconnected by the Village for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:

  1. Misrepresentation in the permit application as to the property or residential equivalents to be serviced by the Sewage Works
    1. Nonpayment of bills
    1. Improper or imperfect service pipes and fixtures or failure to keep the same in a suitable state of repair.

ARTICLE XI

PENALTIES

Section 1:       Any person found to be violating any provision of this ordinance shall be serviced with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated on such notice, permanently cease all violations.

Section 2:       Any person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than five hundred (500/00) dollars for each offense.  Each day on which a violation shall occur or continue, shall be deemed a separate and distinct offense.

Section 3:       A violation of this ordinance is also declared to be a public nuisance and the Village may enforce same by injunction of other remedy, including the right to correct the violation and bill the Owner or person in charge of the premises therefore.

Section 4:       Any business, industry or person violating any of the provisions of this ordinance, which results in fines or penalties being levied against the Village, shall become liable for said fine or penalty, plus any expenses or damage occasioned by such violation, including reasonable attorney fees.  This fine or penalty shall levy in addition to penalties identified herein, and shall be added to the sewer bill covering the premises occupied or used by the violator.

ARTICLE XII

VALIDITY

Section 1:       All ordinances or parts of ordinances in conflict herewith are hereby repealed.  Previous sewer ordinances and amendments thereto are hereby repealed.

Section 2:       The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

ARTICLE XIII

ORDINANCE AMENDMENT IN FORCE

Section 1:       This ordinance, as restated, is to be in full force and effect from and after its passage, approval, recording and publication according to the law of the State of Michigan.

Section 2:       This ordinance shall be published once in summary, in a newspaper generally circulated within the boundaries of the Village within two (2) weeks after its adoption and the same shall be recorded in the Ordinance Book of the Village and such recording authenticated by the signatures of the Officers so required.

Section 3:       This amendment shall become effective immediately upon its adoption unless a different date is authorized in Section 4 below.

Section 4: This ordinance was approved and adopted by the Village Council on June 12, 2019. Published date: June 14, 2019. Effective date July 4, 2019 

  • Evelyn Jones Melissa Lazzaro

                        Village President                             Village Clerk